Nobody seems to have posted the actual law (RL 34:9a, HE 4/1999). Here it is (errors and stupidites in the translation are solely my fault, except for too long sentences):
Criminal Code chapter 34: Generally Dangerous Crimes
9 a : Causing danger for data processing
That, who to cause harm to data processing or to functioning of data or telecommunications system,
prepares or makes available such computer program or series of programming instructions that is designed to endanger data processing or functioning of data or telecommunications system or to harm the information or programs contained in such system, or distributes such computer program or series or programming instructions or
makes available instructions for making a computer program or series of programming instructions meant in point 1 or distributes such instructions,
must be convicted, if there is no other law indicating as severe or more severe punishment, of causing danger to data processing with fines or with imprisonment for maximum of two years.
The important point is that the virus code or instructions to make it must be distributed "to cause harm".
According to the background material of the new law it will still be legal to make a virus program if there is no intention to distribute it. By virus program the law means a program specificially and knowingly designed to be a computer virus. It does apply e.g. to programs designed for other purposes and that could have similar properties as virus programs (e.g. when misused). By instructions (point 2) one means "so detailed instructions that also a person with minimal knowledge of data processing can manufacture a virus". Unlike the old legislation, the new law does not require the virus to cause actual harm as a condition for punishment.
Forbidding to distribute instructions is a bit worrisome, IMHO. It will be for courts to decide wheter a detailed story on computer viruses by some computer magazine was written "to cause harm"... I hope, if it is ever going to happen, the courts will understand the phrase "to cause harm" strictly in favour of constitutionally proteced freedom of expression.
Slashdot Mirror
Nobody seems to have posted the actual law (RL 34:9a, HE 4/1999). Here it is (errors and stupidites in the translation are solely my fault, except for too long sentences):
The important point is that the virus code or instructions to make it must be distributed "to cause harm".
According to the background material of the new law it will still be legal to make a virus program if there is no intention to distribute it. By virus program the law means a program specificially and knowingly designed to be a computer virus. It does apply e.g. to programs designed for other purposes and that could have similar properties as virus programs (e.g. when misused). By instructions (point 2) one means "so detailed instructions that also a person with minimal knowledge of data processing can manufacture a virus". Unlike the old legislation, the new law does not require the virus to cause actual harm as a condition for punishment.
Forbidding to distribute instructions is a bit worrisome, IMHO. It will be for courts to decide wheter a detailed story on computer viruses by some computer magazine was written "to cause harm"... I hope, if it is ever going to happen, the courts will understand the phrase "to cause harm" strictly in favour of constitutionally proteced freedom of expression.